沈太霞，暨南大学法学院/知识产权学院副教授，法学博士

【内容摘要】Individuals have the right to health according to the Constitution and other laws in China. Significant barriers have prevented the full realisation of the right to health in the COVID-19 era. Big data technology, which is a vital tool for COVID-19 containment, has been a central topic of discussion, as it has been used to protect the right to health through public health surveillance, contact tracing, real-time epidemic outbreak monitoring, trend forecasting, online consultations, and the allocation of medical and health resources in China. Big data technology has enabled precise and efficient epidemic prevention and control and has improved the efficiency and accuracy of the diagnosis and treatment of this new form of coronavirus pneumonia due to Chinese institutional factors. Although big data technology has successfully supported the containment of the virus and protected the right to health in the COVID-19 era, it also risks infringing on individual privacy rights. Chinese policymakers should understand the positive and negative impacts of big data technology and should prioritise the Personal Information Protection Law and other laws that are meant to protect and strengthen the right to privacy.  

【关键词】big data technology  COVID-19  epidemic prevention and control  human rights  right to health  right to privacy  China

【基金资助】Fundamental Research Funds for the Central UniversitiesFundamental Research Funds for the Central Universities [12619606]
Fundamental Research Funds for the Central UniversitiesFundamental Research Funds for the Central Universities [12619606]